Section 2

Amendment status not verified — confirm the current text below against the official source.

Sub. by section 4 of U.P Act no. 9 of 1998. 229 [The Uttar Pradesh State Universities Act, 1973] [Section 52] (f) the recognition and management of halls and hostels not maintained by the University; (g) the maintenance of discipline among the students of the University; (h) all matters relating to correspondence courses and private candidates; (i) the formation of parent-teachers association; (j) the fees which may be charged by the University or by an affiliated or associated college for any purpose; (k) the conditions subject to which persons may be recognised as qualified to give instructions in halls and hostels; (l) the conditions and mode of appointment and the duties of examining bodies, examiners, moderators, invigilators and tabulators; (m) the conduct of examinations; (n) the remuneration and allowances including travelling any daily allowances to be paid to persons employed on the business of the University; (o) all other matters which by this Act or the Statutes are to be or may be provided for by the Ordinance. Ordinance how made? 52- (1) The first Ordinance of each existing University shall be the Ordinance as in force immediately before the commencement of this Act insofar as they are not inconsistent with the provisions of this Act: Provided that for the purpose of bringing the provisions of any such Ordinances into accord with the provisions of this Act and the statutes, the Chancellor may by order make such adaptations and modifications of the Ordinances whether by way of repeal, amendment or addition as may be necessary or expedient and, provide that the ordinances shall as from such date as may be specified in the order have effect subject to the adaptations and modifications so made and any such adaptation or modification shall not be called in question. (2) The First Ordinance of the Universities of Kumaun and Garhwal and of any other University to be established after the commencement of this Act shall be made by the State Government by notification in the Gazette. {(2-A) Until the First Ordinances of the Purvanchal University are made under sub-section (2), the Ordinance of the University of Gorakhpur, as in force immediately before the establishment of the said University, shall apply to it subject to such adaptations and modifications as the State Government, by notification, provide.}2 1- Substituted by section 8 of Chapter-II of U.P Act No. 21 of 1975. 2- Added new sub-section (2-A) by section 5 of U.P. Act no. 19 of 1987. 230 [The Uttar Pradesh State Universities Act, 1973] [Section 53] (3) save as otherwise provided in this section, the Executive Council may, from time to time, make new or additional Ordinance or may amend or repeal the Ordinances referred to in sub-sections (1) and (2): Provided that no Ordinance shall be made— (a) affecting the admission of students, or prescribing examinations to be recognized as equivalent to the University examinations or the further qualifications mentioned in sub-section (1) of section 45 for admission to the degree courses of the University, unless a draft of the same has been proposed by the Academic Council; or (b) effecting the conditions and mode of appointment and duties of examiners and the conduct or standard of examinations or any course of study except in accordance with a proposal of the faculty or facilities concerned and unless a draft of such Ordinance has been proposed by the Academic Council; or (c) effecting the number, qualifications and emoluments of teachers of the University or the income or expenditure of the University, unless a draft of the same has been approved by the State Government. (4) The Executive Council shall not have power to amend any draft proposed by the Academic Council under sub-section (3) but may reject it or return to the Academic Council for reconsideration either in whole or in part together with any amendments which the Executive Council may suggest. (5) All Ordinances made by the Executive Council shall have effect from such date as it may direct and shall be submitted as soon as may be to the Chancellor. (6) The Chancellor may, at any time signify to the executive Council his disallowance of such Ordinances other than those referred to in clause (c) of the proviso to sub-section (3) and from the date of receipt by the Executive Council of intimation of such disallowance, such Ordinances shall become void. (7) The Chancellor may direct that the operation of any Ordinance other than those referred to in clause (c) of the proviso to sub- section (3) shall be suspended until he has an opportunity of exercising his power of disallowance. An order of suspension under this sub-section shall cease to have effect on the expiration of one month from the date of such order. Regulations 53- (1) Subject to the provisions of this Act, the Statutes and the Ordinances, an authority or other body of the University may make Regulations. (a) laying down the procedure to be followed at its meeting and the number of members required to form the quorum; (b) providing for all matters which by this Act, the Statutes or the Ordinances are to be provided by Regulations; and (c) providing for any other matter solely concerning such authority or body and not provided for, by this Act, the Statutes and the Ordinance. 231 [The Uttar Pradesh State Universities Act, 1973] [Section 54-55] (2) The Regulations made by any authority or other body of the University shall provide for the giving of notice to its members of the dates of meetings and the business to be transacted there at and for the keeping of record of the proceedings of such meetings, (3) The Executive Council may direct any authority or other body of the University other than the Court to cancel or to amend in such form as may be specified in the direction, any Regulation made by such authority or body and such authority or body shall thereupon cancel or amend the regulation accordingly: Provided that any authority or other body of the University, if dissatisfied with any such direction may appeal to the Chancellor who may after obtaining the views of the Executive Council pass such orders as he thinks fit, (4) The Academic Council may subject to the provisions of the Ordinances, make Regulations providing for the course of study for any examination, degree or diploma of the University only after the Board of Faculty concerned has proposed a draft of the same. (5) The Academic Council shall not have power to amend reject any draft proposed by the Board of Faculty under sub-section (4), but may return it to the Board for further consideration together with its own suggestions. CHAPTER X ANNUAL REPORTS AND ACCOUNTS Annual reports 54- (1) The Annual Report of the University shall be prepared under the direction of the Executive Council and shall be submitted to the Court a month before its annual meeting and the Court shall consider it in its annual meeting. (2) The Court may, by resolution make recommendations on such report and communicate the same to the Executive Council which may take such action thereon as it thinks fit. Accounts and audit 55- (1) The annual accounts and balance sheet of the University shall be prepared under the direction or the Executive Council and all moneys accruing to or received by the University from whatever source and all amounts disbursed or paid shall he entered in the accounts maintained by the University. (2) A copy of the annual accounts and the balance-sheet shall be submitted to the State Government which shall cause the same to be audited. (3) The annual accounts and the balance-sheet auditor shall be printed and copies thereof shall, together with copies of the audit report be submitted by the Executive Council to the Court and the State Government. (4) The Executive Council shall also prepare, before such elate as may be prescribed, the, budget for the ensuing year. (5) Every item of new expenditure above such amount as may be prescribed which it is proposed to include in the budget shall be referred by the Executive Council to the Finance Committee which may make recommendations thereon. (6) The Executive Council shall, after considering the recommendations if any, of the Finance Committee approve the budget finally. 232 [The Uttar Pradesh State Universities Act, 1973] [Section 55A-56] (7) The annual accounts, the balance-sheet and. the audit report shall be considered by the Court at its annual meeting and the Court may, by resolution, make recommendations with reference thereto and communicate the same to the Executive Council. (8) It shall not be lawful for the Vice-Chancellor or the Executive Council to incur any expenditure-- (a) either not sanctioned in the budget, or in the case of funds granted to the University, subsequent to the sanction of the budget, by the State Government or the Government of India or the university Grants Commission or any international organization or Foundation, save in accordance with the terms of such grant. Provided that notwithstanding ,anything in sub-section (7) of section 13, the Vice-Chancellor may, in the case of fire, flood, excessive rainfall or other sudden or, unforeseen circumstances, incur non-recurring expenditure not exceeding rupees five thousand not sanctioned in the budget and he shall immediately inform the State Government in respect of all such expenditure : (b) on any litigation in opposition to [any order of the Chancellor or of the State Government purporting to be made under this Act.]1. [Surcharge 55-A (1) An Officer specified in any of the clauses (c) to (i) of section 9 shall be liable to surcharge for the loss, waste or mis-application of any money or property of the University, if such loss, waste or mis-application is a direct consequence of his neglect or misconduct. (2) the procedure of surcharge and the manner of recovery of the amount involved in such loss, waste or mis-application shall be such as may be prescribed.]2 CHAPTER XI REGULATION OF DEGREE COLLEGES Definitions 56- In this Chapter, unless the context otherwise requires- (a) "property", in relation to an affiliated or associated college, includes all property, movable and immovable belonging to or endowed wholly or partly forth benefit of the college, including lands, buildings (including hostels), works, library, laboratory, instruments, equipment, furniture, stationery, stores, automobiles and other vehicles, if any, and other things, pertaining to the college, cash on hand, cash at bank, investments and book debts and all other rights and interests arising out of such property as may be in the ownership, possession, power or control of the college and all books of account, registers, and all other documents of what ever nature relating thereto, and shall also be deemed to include all subsisting borrowings liabilities and obligations of wherever kind of the college; (b) "salary" means the aggregate of the emoluments including dearness or any other allowance for the time being payable to a teacher or other employee after making permissible deductions. 1- Substituted by section 5 of U. P. Act No. 12 of 1978. 2- Ins. by section 6 ibid. 233 [The Uttar Pradesh State Universities Act, 1973] [Section 57-58] Power of the State Government to issue notice 57- If the State Government receives information in respect of any affiliated or associated college (other than a college maintained exclusively by the State Government or a local authority)- ---- (i) that its Management has persistently committed wilful default in paying the salary of the teachers or other employees of the college by the twentieth day, of the month next following the month in respect of which or any 'part of which it is payable ; or (ii) that its Management has failed to appoint teaching staff possessing such qualification as are necessary for the purpose of ensuring the maintenance of academic standards in relation to the college or has appointed or retained in service any teacher in contravention of {the Statutes or Ordinances or has failed to comply with the orders of the Director of Education (Higher education) made on the basis of the recommendation of the Uttar Pradesh Higher education Services Commission under the Uttar Pradesh Higher Education services Commission Act, 1980}1; or (iii) that any dispute with respect to the right claimed by different persons to be lawful office bearers of its Management has affected the smooth and orderly administration of the college ; or (iv) that its Management has persistently failed to provide the college with such adequate and proper accommodation, library, furniture, stationery, laboratory equipment, and other facilities as are necessary for the efficient administration of the college ; or (v) that its Management has substantially diverted, mis-applied or misappropriated the property of the college to the detriment of the college, it may call upon the Management to show-cause why an order under section 58 should not be made : Provided that where it is in dispute as to who arc the office bearers of the Management, such notice shall be issued to all persons claiming to be so. Authorized Controller 58- (1) If the State Government after considering the explanation, If any, submitted by the Management under section 57 is satisfied that any ground mentioned in that section exists, it may, by order, authorize any person (hereinafter referred to as the Authorized Controller) to take over, for such period not exceeding two years as may be specified, the management of the college and its property to the exclusion of the management, and whenever the Authorized Controller so takes over the management, he shall, subject only to such restrictions as State Government may impose, have in relation to the management of the college and its property all such powers and authority as the Management would have if the college and its property were not taken over under this sub-section : 1- Substituted by section 5 of U.P Act no. 9 of 1998. 234 [The Uttar Pradesh State Universities Act, 1973] [Section 58] Provided that if the State Government is of opinion that it is expedient so to do in order to continue to secure the proper management of the college and its property, it may, from time to time, extend the operation of the order, for such period not exceeding one year at a time, as it may specify, so however, that the total period of operation of the order, including the period specified in the initial order under this sub-section does not exceed {five years}1: {Provided further that if at the expiration of the said period of five years, there is no lawfully constituted Management of the college the Authorized Controller shall continue to function as such, until the State Government is satisfied that the Management has been lawfully constituted: Provided also that the State Government may, at any time, revoke an order made under this sub-section.}2 (2) Where the State Government, while issuing notice under section 57 is of opinion, for reasons to b recorded, that immediate action is necessary in the interest of the college, it may suspend the Management, which shall thereupon cease to function, and make such arrangement as it thinks, proper for managing the affairs of the college and its property till further proceedings are completed : Provided that no such order shall remain in force for more than six months from the date of actual taking over of the Management in pursuance of such order : Provided further that in computation of the said period of six months, the time during which the operation of the order was suspended any order of the High Court passed in exercise of jurisdiction under Article 226 of the constitution or any period during which the Management failed to show cause in pursuance of the notice under section 57, shall be excluded. (3) nothing in sub-section (I), shall be construed to confer on the Authorised Controller the power to transfer any immovable property belonging to college (except by way of letting from month to month in the ordinary course of management) or to create any charge thereon (except as a condition of receipt of any grant in-aid of the college from the State Government or the Government of India). (4) Any order made under this section shall have effect notwithstanding anything inconsistent therewith contained in any other enactment or in any instrument relating to the management and control of the college or its property: Provided that the property of the college and any income therefrom shall continue to be applied for the purposes of the college as provided in any such instrument. (5) The Director of Education (High Education) may give to the Authorized Controller such directions as he may deem necessary for the proper management of the college or its property and the Authorized Controller shall carry out those directions. 1- Substituted by section 2(a) of U.P. Act No. 4 of 1983. 2- Subs. proviso by section 2 (b) ibid. 235 [The Uttar Pradesh State Universities Act, 1973] [Section 59-60A] Section 58 not to be applied to minority colleges 59- Nothing contained in section 58, shall apply to a college established and administered by a minority referred to in clause (I) of Article 30 of the Constitution of India. Duty to deliver possession to the Authorized Controller 60- (1) Where an order has been passed under section 58 in respect of a college, every person in whose possession or custody or under whose control any property of the college may be, shall deliver the property to the Authorized Controller forthwith. (2) Any person who on the date of such order has in his possession or under his control any books or other documents relating to the college or to its property shall be liable to account for the said books and other documents to the Authorized Controller and shall deliver them upto him or to such person as the Authorized Controller may specify in this behalf. (3) The Authorized Controller may apply to the Collector for delivery of possession and control ever the college Of its property or any part thereof, and the Collector may take all necessary steps for securing possession to the Authorized Controller of such college or property, and in particular, may use or cause to be used such force as may be necessary. 1[CHAPTER XI-A PAYMENT OF SALARY TO TEACHERS AND OTHER EMPLOYEES OF DEGREE COLLEGBS Definitions 60-A In this Chapter, unless the context otherwise requires- -- (i) 'College' means any college affiliated to or recognized by any University in accordance with the provisions of this Act or the Statutes made there under and for the time being receiving maintenance grant from the State Government (but does not include a college maintained exclusively the State Government or a {Nagar Mahapalika}1 ); (ii) “Deputy Director” means the Regional Deputy Director of Education and includes any other officer authorized by the State Government to perform all or any of the functions of the Deputy Director under this Chapter , (iii) 'employee', in relation to a college, means a non-teaching employee of such college- , (a) in respect of whose employment maintenance grant was being paid by the State Government during the Financial year 1974-75; or (b) who was appointed to a post with the permission of the Director of Education (Higher Education ) ; (iv) 'maintenance grant' means such grant-in-aid of a college as the State Government by general or special order In that behalf directs to be treated as maintenance grant appropriate to the level of that college; 1- A new Chapter-11A added by Chapter-2 of section 9 of U.P. Act No. 21 of 1975. 2- Subs. by section 5 of U.P. Act no. 15 of 1980. 236 [The Uttar Pradesh State Universities Act, 1973] [Section 60B-60CC] (v) 'salary' shall have the meaning assigned to it in clause (b) of section 56 ; (vi) 'teacher', in relation to a college, means a teacher in respect of whose employment maintenance grant was being paid by the State Government during the financial year 1974-75, or who is employed with the approval of the Vice- Chancellor of the University concerned---- (a) to a post created, before April I, 1975, with the permission of the Vice-Chancellor concerned; or (b) to a post created, after March 31, 1975, with the permission of the Director of Education (Higher Education). Payment of salary within time and with- out unauthori- zed deductions 60-B (1) Notwithstanding any contract to the contrary, the salary of a teacher or other employee of any college in respect of any period after the 31st day of March, 1975, shall be paid' to him before the expiry of the 20th day or such earlier day as the State Government may, by general or special order in that behalf, appoint, of the month next following the month in respect of which or any part of which it is payable. (2) The salary shall be paid without deductions of any kind except those authorized by this Act, the Statutes or the Ordinances, or by any other law for the time being in force. Power to inspect 60-C (1) The Deputy Director may at any time, for the purposes of this Chapter, inspect or cause to be inspected any college or call of such information and records (including registers, books of account and vouchers) from its management with regard to the payment of salaries, to its teachers or employees or give to its management any direction for the observance of such canons of financial propriety (including any direction for retrenchment of any teacher or employee or for prohibition of any wasteful expenditure) as he thinks fit. (2) Every direction for retrenchment under sub-section (l) shall be issued after obtaining the prior approval of the Director of Education (Higher Education) and shall specify a future date on which such retrenchment shall become operative. (3) Where any direction for retrenchment is issued in accordance with sub- sections (1) arid (2), the teacher or the employee concerned shall, with effect from the date specified in such direction, cease to be a teacher or employee of the college for the purposes, of the maintenance grant payable under this Chapter. Supernumerary post of teachers 60-CC The Vice-Chancellor may "with the prior approval of the State Government, create any supernumerary post with a view to enabling a teacher who is for the time being holding responsible position of national importance in India or abroad in educational administration or other similar assignment to retain his lien and sorority as such teacher and also to continue to earn increments in his pay scale during the period of his assignment and to contribute towards provident fund and earn retirement benefits, if any, in accordance with the Statutes : 237 [The Uttar Pradesh State Universities Act, 1973] [Section 60D] Provided that no salary shall be payable to such teacher by the college for the period of such assignment.]1 Procedure for payment of salary in case of certain colleges 60-D (1) The management of every college shall, for the purposes of disbursement of salaries to its teachers arid employees open in a scheduled bank or a co- operative bank or post office, a separate account (hereinafter in this Chapter called "Salary Payment Account") to be operated jointly by a representative of the management and by the Deputy Director or such other officer as may be authorised by the Deputy Director in that behalf :- Provided that after the· Salary Payment Account is opened, the Deputy Director may, if he is, subject to any rules made under section 60-H, satisfied that it is expedient in the public interest so to do, instruct the bank that the account shall be operated by the representative of the management alone, and may at any time revoke such instruction: Provided further that in the case referred to in sub-section (3), Or where in any other case after giving, to the Management an opportunity of showing cause, the Deputy Director is of opinion That it is necessary or expedient so to do, the Deputy Director may instruct the bank that the Salary payment Account shall be operated only by himself or by such other officer as may be authorized by him in that behalf, and may at any time revoke such instruction. (2) The State Government may, from time to time, require by general or special order that the Management of a college shall deposit in the salary payment Account, such portion of the amount received, from students as fees and also such portion, if any, of the income received from any property, movable or immovable belonging to or endowed wholly or partly for the benefit of the collage, and by such date, as may be specified in that order, and therupon, the management shall be bound to comply with such direction. (3) Where the Deputy Director is of opinion that the Management has failed to deposit the fees in accordance with he provision of sub-section (2) or the orders issued thereunder, the Deputy Director may, by order, prohibit the management from realizing any fees from the students and thereupon, the Deputy Director may realize the fees (either through the teachers of the college or in such other manner as he thinks fit) directly from the students and shall deposit the fees so recovered in the salary payment account. (4) The State Government shall also pay into the salary payment Accounts such amount as maintenance grant, which, after taking into consideration the amounts deposited under sub-section (2) and (3), is necessary for making payment in accordance with sub-section (5). (5) No money credited to the Salary Payment Account shall be applied for any purpose except the following, namely :- (a) for payment of salary to the teachers and other employees of the college falling due for any period after March 31, 1975; (b) for crediting the Management’s contribution, if any to the provident fund accounts of teachers and employees of the college concerned. 1- Ins. by section 19 of U. P. Act No.5 of 1977. 238 [The Uttar Pradesh State Universities Act, 1973] [Section 60E-60GH (6) The salary of a teacher or employee shall be paid by transfer of the amount from the salary payment account to his account, if any, in the same bank, or if he has no account in that bank then by cheque. Liability in respect of salary 60-E (1) The State Government shall be liable for payment of salaries of teachers and-employees of every college due in respect of-any period after March 31, 1975, (2) The State Government may recover any amount-in-respect of which any liability is incurred by it under sub-section (I) by attachment of the income from the property belonging-to or vested in the college as if that amount were an arrear of land and revenue-due from such college. (3) Nothing in this section shall be deemed to derogate from the liability of the college for any such dues to the teacher or employee. Punishment, penalties and procedure 60-F (1) If any default is committed in complying with any direction under section 60-C, or with the provisions of section 60-B, or section 60-D, every person who at the time, the default was committed was manager or any' other person vested with the authority to manage and conduct the affairs of the college shall, unless he proves that the default was committed without this knowledge or that he exercised all due diligence to prevent the commission of the default, be punishable, in the case of a default in complying with the provisions of section 60- B with fine which may extend to one thousand rupees, and in the case of any other default, with imprisonment which may extend to six months or with fine 'which may extend to one thousand rupees or with both. (2) No court shall take cognizance of any offence punishable under this section except with the previous sanction of the Deputy Director. (3) Every offence under this section shall be cognizable, but no police officer below the rank of a Deputy Superintendent shall investigate any such offence without the order of a Magistrate of the first class or make arrest therefor without a warrant. (4) No court below the rank of a Magistrate of the first class shall take cognizance of an offence under this section. Finality of orders 60-G No order made or direction given by the State Government the Director of Education (Higher Education), the Deputy Director or other officer in exercise of any power conferred by or under this Chapter shall be called in question in any court. Rule making power 60-H (1) The State Government may, by notification in the Gazette, make rules for carrying out the purposes of this Chapter. 239 [The Uttar Pradesh State Universities Act, 1973] [Section 61-62] (2) All rules made under this Chapter shall, as soon as may be after they are made, be laid before each House of the State Legislature while it is in session for a total period of thirty days comprised in its one session or more than one successive sessions and shall, unless some later date' is appointed, take effect from the date of their publication in the official Gazette, subject to such modifications or annulments as the two Houses of Legislature may during the said period agree to make, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously, done[ there under.]1 CHAPTER XII PENALTIES AND PROCEDURE Penalties 61- (1) Whoever contravenes the provisions of section 46 shall on conviction be punished with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees or both. (2) Any person who- (a) having in his possession, custody or control any property of a college in, respect of which an order has been made under section 58 wrongfully withholds such property from the Authorized Controller appointed under that section or from any person authorized by him in that behalf; or (b) wrongfully obtains possession of any property of such college; or (c) wilfully withholds or fails to furnish to the Authorized Controller or any person specified by him as required by sub- section (2) of section 60 any books or other documents which may be in his possession, custody or control; or (d) wilfully obstructs any person from duly carrying out all or any of the provisions of this Act; shall, on conviction, be punished with imprisonment for a term which may extend to one year, or with fine, or with both: Provided that the Court trying any offence under clause (a) or clause (b) of this sub-section may, at the time of convicting the accused person order him to deliver up or refund within a time to be fixed by the Court any property wrongfully withheld or wrongfully obtained or any book or other document wilfully withheld. Cognizance by Courts 62- No court shall take cognizance of an offence punishable under section 61 except with the precious sanction of the Director of Education (Higher Education). 1- A new Chapter-11A added by section 9 of Chapter-2 of U.P. Act No. 21 of 1975. 240 [The Uttar Pradesh State Universities Act, 1973] [Section 63-65] Offences by registered societies 63- (1) If the person committing the offence under section 61 is society registered under the Societies Registration Act, 1860, the society as well as every person in charge of and responsible to the society for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent tile commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a registered society and it is proved that the offence ha s been committed with the consent or connivance of, or that the commission of offence is attributable to any neglect on the part of any member of the society, such member shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. CHAPTER XIII MISCELLANEOUS Manner or appointment of officers and members of authorities 64- (1) Except as expressly provided by this Act or the Statutes, officers of the University and members of authorities of the University shall so far as may be, be chosen by methods other than election. (2) Where a provision is made in this Act or the Statutes for any appointment by rotation or according to seniority or other qualifications, the manner of rotation and determination of seniority and other qualifications shall be such as may be prescribed. (3) Where a provision for an election is made in this Act, such election shall be conducted according to the system of proportional representation by means of the single transferable vote, and where provision for an election is made in the Statutes it shall be held in such manner as the Statutes may provide. (4) Except as expressly provided by this Act, no officer or employee of the University shall be eligible to seek election to any authority or other body, of the University. Filling of casual vacancies 65- (1) Any casual vacancy among the members, other than ex-officio members, of any authority or body of the university shall be filled in the same manner in which the members whose vacancy is to be filled up was chosen, and the person filling the vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member. (2) A person, who is a member of an authority of the University as a representative of another body, whether of the University or outside, shall retain his seat on such authority for so long as he continues to be the representative of such body {***}1. 1- Omitted by section 6 of U.P Act no. 9 of 1998. 241 [The Uttar Pradesh State Universities Act, 1973] [Section 66-68] Proceeding not to be invalidated by vacancies, etc. 66- No act or proceeding, of any authority or body or committee of the University shall be invalid merely by reason of------- (a) any vacancy or, defect. in the constitution thereof; or (b) some person having taken part in the 'proceedings who was not entitled to do so ; or (c) any defect in the election, nomination Or appointment of a person acting as members thereof; or (d) any irregularity in its procedure nut affecting the merits of the case. Removal from membership of the University 67- The Court may by a two-third's majority of the members present and voting remove any person from membership of any authority or other body of the University upon the ground that such person has been convicted of an offence which, in the opinion of the Court, is an offence involving moral turpitude or upon the ground that he has been guilty of scandalous conduct or has behaved in a manner unbecoming of a member of the University and may upon the same grounds withdraw from any person any degree, diploma, or certificate conferred or granted by the University. Reference to the Chancellor 68- If any question arises whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the University, or whether any decision of any authority or officer of the University [(including any question as to the validity of a Statute, Ordinance or Regulation, not being a Statute or Ordinance made or approved by the State Government or by the Chancellor]1 is inconformity with this Act or the Statutes or the Ordinances made thereunder, the matter shall be referred to the Chancellor and the decision of the Chancellor thereon shall be final : Provided that no reference under this section shall be made- -- (a) more than three months after the date when the question could have been raised for the first time; (b) by any person other than an authority or officer of the University or a person aggrieved . Provided further that the Chancellor may in exceptional circumstances : (a) act suo motu or entertain a reference after the expiry of the period mentioned in the preceding proviso ; (b) where the matter referred relates to a dispute about the election, and the eligibility of the person so elected is in doubt, pass such orders of stay, as he thinks just and expedient ; (c) [* * *]2 1- Substituted by section 10 of U. P, Act No. 21 of 1975. 2- Deleted by section 20 of U.P. Act no. 5 of 1977. 242 [The Uttar Pradesh State Universities Act, 1973] [Section 68A-70] [Powers if Vice- Chancellor to enforce his order against Management 68-A (1) Where a decision of the Management of an affiliated or associated college to dismiss, remove or to reduce a teacher in rank or to punish him in any other manner or to terminate his services, has not been approved by the Vice-Chancellor or where an order of suspension of such teacher has been stayed, revoked or modified by the Vice-Chancellor in accordance with the provisions of this Act or of an Act repealed by section 74, arid the management, has committed default in paying the salary of such teacher which become due to him in consequence of the Vice-Chancellor's order the Vice-Chancellor may pass an order, requiring the management to pay the amount of salary as may be specified in the order and during the period of suspension may also require the Management to pay the suspension allowance at the rate of one-half of the salary plyable, if the said amount has not been paid. (2) In any such case as referred to in sub-section (1), the Vice-Chancellor may also order re-instatement of the teacher concerned subject to such terms and conditions as he thinks fit. (3) The amount of salary or suspension allowance required to be paid under an order of the Vice-Chancellor under sub-section (1) shall on a certificate issued by him to that effect, be recoverable by the Collector as arrears of land revenue. (4) Every order of the Vice-Chancellor under sub-section (2) shall be executable by the lowest civil court having territorial jurisdiction, 35 if it were a decree of that court. (5) No suit shall lie against any management or teacher in respect of any matter for which a relief can be granted by the Vice- Chancellor under this section.]2 [Bar of suit 69- No suit or other legal proceedings shall lie against the State Government or the Director of Education (Higher Education) or the Deputy Director (as defined in section 60-A for the Authorized Controller or the University or any Officer, authority Or body thereof in respect of anything done or purported or intended to be done in pursuance of the Act or the rules or the Statutes or the Ordinances made thereunder.]1 Mode of proof of University record 70- (1) A copy of any receipt, application, notice, order, proceeding, or resolution of any authority or committee of the University or other documents in possession of the University or any entry in any register duly maintained by the University, if certified by the Registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding, resolution or document or the existence of entry in the register and shall be admitted as evidence of the matters and transactions therein recorded where the original thereof would, if produced, have been admissible in evidence. (2) No officer or servant of the University shall in any proceeding to which the University is not a party, be required to produce any document, register or other record of the University the contents self which can be proved under sub- section (1) by a certified copy, or to appear as a witness to prove the matters and transactions recorded therein unless by order of the Court made for special cause. 1- Added by section 11 of U. P, Act No. 21 of 1975. 2- Ins. by section 21 of U.P. Act no. 5 of 1977. 243 [The Uttar Pradesh State Universities Act, 1973] [Section 71-72A] CHAPTER XIV TRANSITORY PROVISIONS Continuation of existing officers of the University 71- Subject to the provisions of this Act, every person holding office as an officer of an existing University on the date immediately before the commencement of this Act, shall continue to hold office on the same terms and conditions until the expiration of his term of office. Constitution of authorities 72- [(1) Every authority of an existing University shall, as soon as may be after the commencement of this Act, be constituted in accordance with the provisions of this Act, and every person holding office as a member of such authority immediately before the commencement of this Act shall, on the date of such commencement, cease to be such member.]1 (2) Until any authority of the University is constituted under sub- section (1), the State Government may, by order direct from time to time by whom and in what manner the power duties and functions exercisable or dischargeable under this Act by any authority of University shall be exercised or discharged: [Provided that no such direction shall be issued after 4[December 31, 1981.]]2 (3) The Administrative Committees and the Academic Committees constituted, in pursuance of sub-section (2) of section 67 of the Uttar Pradesh State Universities Ordinance, 1973, shall, on the 15th September, 1973, stand dissolved except as respects things done or omitted to be done by such Committees before that date, but nothing in this sub-section shall be deemed to preclude the State Government from taking, as from that date, such action under sub- section (2) as it thinks fit. [Transitory provisions regar-ding Kashi Vidyapith 72-A Notwithstanding anything contained in this Act- (a) every person holding office as an officer (other than the Chancellor) of the Kashi Vidyapith on the date immediately before its establishment as a University shall continue to hold office as such on the same terms and conditions except as respects tenure as he held on the said date until fresh appointments are made under clause (b); (b) as soon as may be after the commencement of this section, the State Government may appoint interim officers of the said University (other than the Chancellor) and shall constitute interim authorities of the said University in such manner as it thinks fit, upon which the corresponding officers referred to in clause (a) shall cease to hold office and the corresponding authorities, shall stand dissolved forthwith ; [(c) the officers appointed and the members of the authorities constituted under clause (b) shall hold office {December 31, 1981}4 or until the appointment of the officers or the constitution of the authorities in accordance with clause (d) which ever be earlier;]3 1- Subs. by section 12 (b) of U.P. Act No, 21 of 1975 and be deemed always to have been subt. 2- Subs. of U.P. Act No. 21 of 1975 and be deemed always to have substituted by section 12 (a) ibid. 3- Subs. by section 8 of U.P. Act No. 12 of 1978. 4- Subs. by sec. 6 of U. P. Act. No. 15 of 1980. 244 [The Uttar Pradesh State Universities Act, 1973] [Section 72B-72F] (d) the State Government shall take steps for the appointment of officers and constitution of authorities of the said University in accordance With the provisions of this Act, so that the same may be completed before the expiry of the respective terms of the interim officers and members under clause (c) ]1 [Transitory provision on change of name of Garhwal University 72-B With effect from April 25, 1989 any reference to the University of Garhwal in this Act or any rules, statutes, ordinances statutory instruments or any other law for the time being in force or in any documents or proceedings shall be construed as a reference to the Hemvati Nandan Bahuguna Garhwal University.]8 [Transitory provisions on change of name of University of Meerut 72-C With effect from January 17, 1994 any reference to the University of Meerut in this Act, or any rules, statutes, ordinances , statutory instruments or any other law for the time being in force or in any document or proceedings shall be constructed as a reference to the Chaudhary Charan Singh University, Meerut.]3 [Transitory provisions on the change of name of the University of Avadh 72-D (1) With effect from June 18, 1994 any reference to the University of Awadh in this Act or any rules, statutes, Ordinances, statutory instruments or any other law for the time being in force or in any document or proceedings shall be construed as a reference to the Doctor Ram Mahohar Lihia University, Faizabad.}4 [(2) With effect from July 11, 1995 any reference to the University of Awadh, or to the Doctor Ram Manohar Lohia University, Faizabad, in this Act or any rules, Statures, ordinance, Statutory instruments or any other law for the time being inforce or in any documents or proceedings shall be construed as a reference to the Doctor Ram Manohar Lihia Awadh University, faizabad.]5 [Transitory Provision on name of the Kashi Vidyapith 72-E With effect form July 11, 1995 any reference to the Kashi Vidyapith in this Act or any rules, Statutes, Ordinance, Statutory instruments or any other law for the time being in force or in any documents or proceedings shall be construed as a reference to the Mathama Gandhi Kashi Vidyapith Varansi.]6 [Transitory Provision on name of the Universities of the Agra and Kanpur 72-F (1) With effect form September 24, 1995 any reference to the University of Agra and Kanpur University in this Act or any rules, Statutes, Ordinance, Statutory instruments or any other law for the time being in force or in any documents or proceedings shall be construed as a reference to the Doctor Bhimrao Amadkar University, Agra and Sri Shahu Ji Maharaj University, Kanpur respectively.]7 1- Added by section 16 of U.P. Act No. 21 of 1974. 2- Added by section 3 of U.P. Act No. 26 of 1989. 3- Ins. by section 3 of U. P. Act No. 05 of 1994. 4- Ins. by section 7 of U. P. Act No. 20 of 1994. 5- Added by section 10 of U.P. Act No. 4 of 1996. 6- Added by section 11 (a) ibid. 7- Added by section 11 (b) ibid. 245 [The Uttar Pradesh State Universities Act, 1973] [Section 72G-74] {(2) with effect from the date of commencement of the Uttar Pradesh State Universities (Amendment) Act, any reference to the Kanpur University, or to Shri Shahuji Maharaj University, Kanpur in this Act or any rules, Statutes, Ordinance, statutory instruments or any other law for the time being in force or in any document or proceedings shall be construed as a reference to Chhatrapati Shahuji Maharaj University, Kanpur.}2 [Transitory provisions on the change of names of University of Gorakhpurand University of Rohilkhand 72-G With effect from the date of the commencement of the Uttar Pradesh State Universities (Second Amendment) Act, 1997 any reference to the University of Gorakhpur and the University of Rohilkhand in this Act, or any rules, statutes Ordinance, statutory instruments or any other law for the time being in force or in any document or proceedings shall be construed as a freerence to Deen Dayal Upadhyaya, Gorakhpur University, Gorakhpur and Mahatma Jyotiba Phule Rohilkhand University, Bareilly respectively. }3 {Transitory provision on change of name of the Purvanchal University 72-H With effect from the date of commencement of the Uttar Pradesh State Universities (Amendment) Act, 1999 any reference to the Purvanchal University in this Act or any rules, Statutes, Ordinances, statutory instruments, or any other law for the time being on force or in any document or proceeding shall he construed as a reference to Vir Bahadur Singh Purvanchal University, Jaunpur.}4 Power to remove difficulties 73- (1) The State Government may, for the purpose of removing any difficulty, particularly in relation to the transition from the provisions of the enactments replied by section 74 to the provisions of this Act, by order published III official Gazette, direct that the provisions of this Act, shall during such period as may be specified in the order, have effect subject to such adaptations whether by way of modification, addition or omission as it may deem to be necessary or expedient: Provided that no such order shall be made [after December 31, 1982]1 . (2) Every order made under sub-section (1) shall be laid before both Houses of the State Legislature. (3) No order under sub-section (1) shall be called in question in any court on the ground that no difficulty as is referred to in sub- section (I) existed or required to be removed. Repeal of creation enactments 74- (1) The following enactments are hereby repealed, with effect from the respective dates on which this Act is brough in to force in relation to the existing University concerned namely- (a) the Lucknow University Act, 1920 ; (b) the Allahabad University Act, 1921 ; 1- Subs. by section 3 of U.P. Act no. 25 of 1982. 2- Added by section 4 of U.P. Act no. 12 of 1997. 3- Ins. by section 4 of U. P. Act No. 18 of 1997. 4- Ins. by section 3 of U. P. Act No. 11 of 1999. 246 [The Uttar Pradesh State Universities Act, 1973] [Section 74] (c) the Agra University Act, 1926 ; (d) the Gorakhpur University Act, 1956; (e) the Varanaseya Sanskrit Viahwavidyalaya Act, 1956 ; and (f) the Kanpur and Meerut Universities Act, 1965. [(2) Notwithstanding such repeal- (a) all appointments made, order issued, degrees or diplomas conferred or certificates issued, privileges granted or other thinks done (including registration of graduates) under any such enactment, shall be deemed to have been respectively made, issued, conferred, granted or done under the corresponding provisions of this Act, and except as otherwise provided by or under this Act continue in force unless and until they are superseded by any order made under this Act; (b) all proceedings of Selection Committees which took place before the commencement of this Act and all action by the Management or by the Executive Council, as the case may be, in respect of the recommendations of such Selection Committees, where no orders of appointment on the basis thereof were passed before the commencement of this Act, shall, notwithstanding that the procedure for selection has been modified by this Act, be deemed to have been valid, but further proceeding in connection with such pending selections 81 all be taken in accordance with the provisions of this Act and be continued from the stage where they stood immediately before such commencement.]2 (3) Notwithstanding anything in sub-sections (1) and (2), or in any other provisions of this Act- (a) [***]1 (b) [***]3 (c) where any institution has applied for affiliation to the University of Agra in accordance with the provisions of the Agra University Act, 1926, before June 18, 1973 and such application was pending on the said date, and the place where the institution is situated lies under this Act outside the area of the University of Agra, such application may be disposed of by the competent authorities of the University of Agra as if the institution would be affiliated to that University, and upon the grant of such application by the Chancellor, the institution would stand affiliated to the University within whose territorial jurisdiction as specified in section 5, the institution would lie; (d) until fresh panels of experts are drawn up under sub- section (5) of section 31, the Chancellor or the Vice-chancellor as the case may be, may nominate experts to a Selection Committee under that section from out of the panels in existence immediately before the commencement of this Act : 1- Omit. by section 17 (i) of U. P. Act No. 29 of 1974. 2- Subs. by s. 13(i) of U. P. Act No. 21 of 1 1975 and be deemed always to have been subt. 3- Deleted by section 25 (i) of U. P. Act No.5 of 1977 247 [The Uttar Pradesh State Universities Act, 1973] [Section 74] [Provided that the provisions of Explanations I and II to the said sub- section (5) shall apply also to the panels of experts referred to in this clause and to nominations made from such panels under this clause ;]2 (e) Until a Finance Officer is appointed in a University, the functions of the Finance Officer under this Act shall be performed by a Dean of Faculty nominated by the Chancellor in that behalf; (f) Until rules are made under section 17, any vacancy in a post of Registrar, Deputy Registrar or Assistant Registrar may be filled on a provisional basis by the Chancellor in the case of the post of Registrar and by the Vice-Chancellor in the case of the post of Deputy Registrar or Assistant Registrar. [(g) every student of the Kashi Naresh Government Degree College, Gyanpur, or the Government Degree College, Jakhni, situate in district Varanasi, or the Government Degree College, Rishikesh, situate in district Dehra Dun, who-- (1) immediately before the commencement of Uttar Pradesh State Universities Ordinance, 1973, was studying for a degree of the University of Agra ; or (2) was admitted as a student of any of the said colleges during the academic year 1973-74 for a degree of the said University; or (3) is eligible to appear at any degree examination of the said University in tile year 1974 or in the year 1975 [or in the year 1976]2 as an ex-student; Shall be permitted to complete his course in accordance with the syllabus of the University of Agra, and necessary arrangements for the instruction and examination of such students shall be made by the University of Agra and on the results of such examination, the degree may be conferred by that very University; (h) Until the Faculties are constituted in the Universities referred to in sub-section (1) or sub-section (1-A) of section 4, the Selection Committee referred to in clause (c) of sub-section (4) of section 31 shall consist of the following members, namely- (1) the head of the Management or a member of the Management nominated by him, who shall be the Chairman, (2) one member of the Management nominated by the Management , and (3) three experts to be nominated by the Vice-chancellor.]1 1- Ins. and be deemed always to have been inserted by s. 17 (ii) of U.P. Act no. 29 of